Daktronics, Inc. v. Skyline Products, Inc.

1:15-cv-02699

Overview

Case Number 1:15-cv-02699

Filing Date 2015-12-14

Status Terminated

Termination Date 2017-05-01

Court District Court, D. Colorado (cod)

Presiding Judge William J. Martinez

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1125 Unfair Competition (Lanham Act)

Jury Demand Plaintiff

Parties

Defendant

Skyline Products, Inc.

Represented By

2 Attorneys Listed

Erin Anne Kelly

Bryan Cave LLP-Denver

Tel: +1 (303) 861-7000

Fax: +1 (303) 866-0200

1700 Lincoln Street, Suite 4100

Daniel A. Crowe

Bryan Cave Leighton Paisner LLP

Tel: +1 (314) 259-2000

211 North Broadway, One Metropolitan Square

Plaintiff

Daktronics, Inc.

Represented By

3 Attorneys Listed

J. David Cabello

Cabello Hall Zinda PLLC

Tel: +1 (832) 631-9992

Fax: +1 (832) 631-9991

801 Travis Street, Suite 1610

Stephen E. Edwards

Blank Rome LLP

Tel: +1 (713) 228-6601

Fax: +1 (713) 228-6605

717 Texas Avenue, Suite 1400

James H. Hall , II

Cabello Hall Zinda PLLC

Tel: +1 (832) 631-9990

801 Travis Street, Suite 1610

Court & Judges

Court

District Court, D. Colorado (cod)

Presiding Judge

William J. Martinez

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US8446293	Espacenet Google Patents

Docket Entries

COMPLAINT and Request for Declaratory Judgment against Skyline Products, Inc. (Filing fee $ 400,Receipt Number 1082-4739891)Attorney J. David Cabello added to party Daktronics, Inc.(pty:pla), filed by Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Cabello, J.) (Entered: 12/14/2015)

2015-12-14

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COMPLAINT and Request for Declaratory Judgment against Skyline Products, Inc. (Filing fee $ 400,Receipt Number 1082-4739891)Attorney J. David Cabello added to party Daktronics, Inc.(pty:pla), filed by Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Cabello, J.) (Entered: 12/14/2015)

2015-12-14

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COMPLAINT and Request for Declaratory Judgment against Skyline Products, Inc. (Filing fee $ 400,Receipt Number 1082-4739891)Attorney J. David Cabello added to party Daktronics, Inc.(pty:pla), filed by Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Cabello, J.) (Entered: 12/14/2015)

2015-12-14

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COMPLAINT and Request for Declaratory Judgment against Skyline Products, Inc. (Filing fee $ 400,Receipt Number 1082-4739891)Attorney J. David Cabello added to party Daktronics, Inc.(pty:pla), filed by Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Cabello, J.) (Entered: 12/14/2015)

2015-12-14

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Daktronics, Inc. v. Skyline Products, Inc.

Overview

Parties

Defendant

Skyline Products, Inc. Follow

Represented By

Plaintiff

Daktronics, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

NOTICE OF CASE ASSOCIATION by J. David Cabello on behalf of Daktronics, Inc. (Cabello, J.) (Entered: 12/14/2015)

CORPORATE DISCLOSURE STATEMENT. (Cabello, J.) (Entered: 12/14/2015)

Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (agarc, ) (Entered: 12/15/2015)

Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (agarc, ) (Entered: 12/15/2015)

Magistrate Judge Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 12/15/2015)

ORDER Setting Scheduling/Planning Conference; Scheduling Conference set for 3/29/2016 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 12/16/15. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (morti, ) (Entered: 12/17/2015)

ORDER Setting Scheduling/Planning Conference; Scheduling Conference set for 3/29/2016 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 12/16/15. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (morti, ) (Entered: 12/17/2015)

ORDER Setting Scheduling/Planning Conference; Scheduling Conference set for 3/29/2016 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 12/16/15. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (morti, ) (Entered: 12/17/2015)

SUMMONS REQUEST as to Skyline Products, Inc. re 1 Complaint, by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 12/29/2015)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (morti, ) (Entered: 12/30/2015)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (morti, ) (Entered: 12/30/2015)

SUMMONS Returned Executed by Daktronics, Inc.. Skyline Products, Inc. served on 3/8/2015, answer due 3/29/2015. (Cabello, J.) (Entered: 03/08/2016)

MOTION to Reset Scheduling Conference by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Cabello, J.) (Entered: 03/21/2016)

MOTION to Reset Scheduling Conference by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Cabello, J.) (Entered: 03/21/2016)

MOTION to Reset Scheduling Conference by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Cabello, J.) (Entered: 03/21/2016)

MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Skyline Products, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Kelly, Erin) (Entered: 03/25/2016)

MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Skyline Products, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Kelly, Erin) (Entered: 03/25/2016)

MOTION to Dismiss by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 04/19/2016)

MOTION to Dismiss by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 04/19/2016)

MOTION to Dismiss by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 04/19/2016)

CORPORATE DISCLOSURE STATEMENT. (Kelly, Erin) (Entered: 04/19/2016)

NOTICE of Entry of Appearance by Stephen E. Edwards on behalf of Daktronics, Inc.Attorney Stephen E. Edwards added to party Daktronics, Inc.(pty:pla) (Edwards, Stephen) (Entered: 05/03/2016)

Stipulated MOTION for Protective Order by Defendant Skyline Products, Inc.. (Kelly, Erin) (Entered: 05/05/2016)

STIPULATION (Proposed) Stipulated Protective Order by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 05/05/2016)

Unopposed MOTION for Leave to Appear by Telephone for the May 18, 2016 Scheduling/Planning Conference, by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 05/06/2016)

STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 5/9/16. (morti, ) (Entered: 05/09/2016)

STIPULATED ORDER, by Magistrate Judge Kristen L. Mix on 5/9/16. (morti, ) (Entered: 05/09/2016)

RESPONSE to 14 MOTION to Dismiss filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A. Declaration of DeWayne Anderson)(Cabello, J.) (Entered: 05/10/2016)

RESPONSE to 14 MOTION to Dismiss filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A. Declaration of DeWayne Anderson)(Cabello, J.) (Entered: 05/10/2016)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Daktronics, Inc. All parties do not consent.. (Cabello, J.) (Entered: 05/11/2016)

Proposed Scheduling Order for Scheduling/Planning Conference May 18, 2016, by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 05/11/2016)

MINUTE ORDER re: 28 Consent/Non-Consent Form. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 5/11/16. (morti, ) (Entered: 05/12/2016)

CASE REASSIGNED pursuant to 28 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 15-cv-02699-WYD. (Text Only Entry) (morti, ) (Entered: 05/12/2016)

MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) (Entered: 05/13/2016)

CASE REASSIGNED pursuant to 32 Memorandum Returning Case. This case is reassigned to Judge William J. Martinez. All future pleadings should be designated as 15-cv-02699-WJM-KLM. (Text Only Entry) (rkeec) (Entered: 05/13/2016)

SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 5/18/16. (lgale, ) (Entered: 05/19/2016)

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/23/16. The deadline for alleged infringer's prior art statement, including but not limited to invalidity contentions, is July 21, 2016, and the deadline for patentee's prior art statement is August 11, 2016. (lgale, ) (Entered: 05/23/2016)

REPLY to Response to 14 MOTION to Dismiss filed by Defendant Skyline Products, Inc.. (Crowe, Daniel) (Entered: 05/27/2016)

MEMORANDUM regarding 40 MOTION for Leave to File First Amended Complaint, filed by Daktronics, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 06/10/2016. Text Only Entry (wjmsec, ) (Entered: 06/10/2016)

RESPONSE to 40 MOTION for Leave to File First Amended Complaint, filed by Defendant Skyline Products, Inc.. (Kelly, Erin) (Entered: 07/05/2016)

REPLY to Response to 40 MOTION for Leave to File First Amended Complaint, filed by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 07/22/2016)

Joint Disputed Claim Terms Chart '293 Patent.Claim Construction Brief due 10/11/2016 (Attachments: # 1 Exhibit A_Joint Disputed Claim Terms Chart '293 Patent)(Cabello, J.) (Entered: 09/09/2016)

Joint Disputed Claim Terms Chart '293 Patent.Claim Construction Brief due 10/11/2016 (Attachments: # 1 Exhibit A_Joint Disputed Claim Terms Chart '293 Patent)(Cabello, J.) (Entered: 09/09/2016)

Claim Construction Brief (Defendant's Opening). Responses due by 10/17/2016 (Crowe, Daniel) (Entered: 10/03/2016)

Unopposed MOTION to Amend/Correct/Modify 36 Scheduling Order Section 8(d), by Plaintiff Daktronics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) granting Plaintiff's Unopposed Motion to Amend May 18, 2016 Scheduling Order)(Cabello, J.) (Entered: 10/11/2016)

Unopposed MOTION to Amend/Correct/Modify 36 Scheduling Order Section 8(d), by Plaintiff Daktronics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) granting Plaintiff's Unopposed Motion to Amend May 18, 2016 Scheduling Order)(Cabello, J.) (Entered: 10/11/2016)

MEMORANDUM regarding 46 Unopposed MOTION to Amend/Correct/Modify 36 Scheduling Order Section 8(d), filed by Daktronics, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 10/11/2016. Text Only Entry (wjmsec, ) (Entered: 10/11/2016)

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/13/16. Unopposed Motion to Amend the Court's Scheduling Order 46 is GRANTED. (lgale, ) (Entered: 10/14/2016)

RESPONSE to 45 Claim Construction Brief of Skyline Products, Inc., filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A_Microsoft dictionary, # 2 Exhibit B_PC Magazine Encyclopedia definition)(Cabello, J.) (Entered: 10/17/2016)

RESPONSE to 45 Claim Construction Brief of Skyline Products, Inc., filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A_Microsoft dictionary, # 2 Exhibit B_PC Magazine Encyclopedia definition)(Cabello, J.) (Entered: 10/17/2016)

RESPONSE to 45 Claim Construction Brief of Skyline Products, Inc., filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A_Microsoft dictionary, # 2 Exhibit B_PC Magazine Encyclopedia definition)(Cabello, J.) (Entered: 10/17/2016)

MOTION to Strike 49 Response to Claim Construction Brief by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 10/19/2016)

MOTION to Strike 49 Response to Claim Construction Brief by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 10/19/2016)

MOTION to Strike 49 Response to Claim Construction Brief by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Crowe, Daniel) (Entered: 10/19/2016)

RESPONSE to 50 MOTION to Strike 49 Response to Claim Construction Brief, pursuant to the Court's Order dated October 19, 2016 51, Attorney James H. Hall, II added to party Daktronics, Inc.(pty:pla) filed by Plaintiff Daktronics, Inc.. (Hall, James) (Entered: 10/20/2016)

REPLY to 45 Claim Construction Brief (in support of) by Defendant Skyline Products, Inc.. (Crowe, Daniel) (Entered: 10/24/2016)

Joint Motion for Determination by Defendant Skyline Products, Inc.. (Crowe, Daniel) (Entered: 10/24/2016)

FIRST AMENDED COMPLAINT against Skyline Products, Inc., filed by Daktronics, Inc.., filed pursuant to 56 Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(nmarb, ) (Entered: 11/29/2016)

FIRST AMENDED COMPLAINT against Skyline Products, Inc., filed by Daktronics, Inc.., filed pursuant to 56 Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(nmarb, ) (Entered: 11/29/2016)

FIRST AMENDED COMPLAINT against Skyline Products, Inc., filed by Daktronics, Inc.., filed pursuant to 56 Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(nmarb, ) (Entered: 11/29/2016)

MOTION to Dismiss Plaintiff's First Amended Complaint and Request for Declaratory Judgment by Defendant Skyline Products, Inc.. (Crowe, Daniel) (Entered: 12/13/2016)

RESPONSE to 58 MOTION to Dismiss Plaintiff's First Amended Complaint and Request for Declaratory Judgment filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A)(Hall, James) (Entered: 12/29/2016)

RESPONSE to 58 MOTION to Dismiss Plaintiff's First Amended Complaint and Request for Declaratory Judgment filed by Plaintiff Daktronics, Inc.. (Attachments: # 1 Exhibit A)(Hall, James) (Entered: 12/29/2016)

REPLY to Response to 58 MOTION to Dismiss Plaintiff's First Amended Complaint and Request for Declaratory Judgment filed by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit A)(Crowe, Daniel) (Entered: 01/12/2017)

REPLY to Response to 58 MOTION to Dismiss Plaintiff's First Amended Complaint and Request for Declaratory Judgment filed by Defendant Skyline Products, Inc.. (Attachments: # 1 Exhibit A)(Crowe, Daniel) (Entered: 01/12/2017)

Joint STATUS REPORT regarding Settlement Efforts, by Plaintiff Daktronics, Inc.. (Cabello, J.) (Entered: 01/13/2017)

Joint MOTION to Stay All Pending Deadlines pending Settlement, by Plaintiff Daktronics, Inc.. (Hall, James) (Entered: 02/27/2017)

MEMORANDUM regarding 63 Joint MOTION to Stay All Pending Deadlines pending Settlement, filed by Daktronics, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 2/27/2017. Text Only Entry (wjmsec, ) (Entered: 02/27/2017)

Skyline Products, Inc.

Daktronics, Inc.